Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Public Law and Legal Theory (3)
- Social Welfare Law (3)
- Criminal Law (2)
- Criminal Procedure (2)
- Human Rights Law (2)
-
- Law Enforcement and Corrections (2)
- Law and Economics (2)
- Law and Politics (2)
- Law and Society (2)
- Legal History (2)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Evidence (1)
- Family Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Judges (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant
Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant
John Passant
The aim of this paper is to provide readers with an insight into Marx’s methods as a first step to understanding income tax more generally but with specific reference to Australia’s income tax system. I do this by introducing readers to the ideas about the totality that is capitalism, appearance and form, and the dialectic in Marx’s hands. This will involve looking at income tax as part of the bigger picture of capitalism, and understanding that all things are related and changes in one produce changes in all. Appearances can be deceptive and we need to delve below the surface …
Systemic Lying, Julia Simon-Kerr
Systemic Lying, Julia Simon-Kerr
Julia Simon-Kerr
This Article offers the foundational account of systemic lying from a definitional and theoretical perspective. Systemic lying involves the cooperation of multiple actors in the legal system who lie or violate their oaths across cases for a consistent reason that is linked to their conception of justice. It becomes a functioning mechanism within the legal system and changes the operation of the law as written. By identifying systemic lying, this Article challenges the assumption that all lying in the legal system is the same. It argues that systemic lying poses a particular threat to the legal system. This means that …